Balance of Power

U.S. Attorney for the District of Idaho, or that those actions are anything but praiseworthy.'

    Disdainfully turning from Lenihan, Nolan fixed his gaze on Bond. 'Your Honor,' he said more quietly, 'everyone knows the identity of the U.S. Attorney's ultimate superior—Ms. Costello's brother-in-law, the President of the United States. A man who, whatever his dignity of rank, is also a witness in this case, and subject to this Court's order.

    'What appears to be at work here is a conspiracy, involving plaintiff's counsel and the White House, to evade that order. The leaking of these documents to CNN serves that end. Palpably, they have nothing to do with the U.S. Attorney in Idaho, and everything to do with seizing legal and political advantage by any means at hand.'

    Listening, Sarah wondered if the President had known of the disclosure of Conn's documents. Then she realized that Bond was addressing her in biting tones. 'What do you know about this, Ms. Dash?'

    'Nothing,' Sarah said, and was very glad that this was so. 'As the Court knows, I disagree with this particular order. But it's not my right to flout it—even when I think that might serve a valid public purpose.'

    The last remark was, perhaps, more than she should have said. But it served as a reminder that some of Lexington's problems were now in the public domain, and that an ambitious judge like Bond must be wary of the appearance—however accurate—that he was seeking to protect it. The judge paused, seemingly more reflective, before Nolan said, 'Your Honor, I request the right to depose plaintiff 's counsel in order to determine who may have leaked these documents to CNN.'

    'What about 'nothing,' ' Sarah demanded of Nolan, 'escapes you? Or were you not listening when I answered Judge Bond's question?'

    'Enough,' Bond cut in, gazing at Lenihan with severity. 'Mr. Lenihan?'

    Lenihan spread his palms. 'Your Honor, my answer is Ms. Dash's answer. Nothing.'

    It was not—heard literally—a denial, and Bond was too observant not to know that. For a long moment he stared at Robert Lenihan with obvious distrust. 'That aside,' he said in caustic tones, 'you seem to have grasped an unfortunate fact: that the documents voluntarily provided you by Mr. Conn fall outside the letter—if not the spirit—of this Court's order.' Pausing, the judge expanded his gaze to take in Sarah. 'At this time, and for the moment, I'll deny Mr. Nolan the chance to depose opposing counsel. But if anyone, ever, leaks information which is clearly subject to my order, I'll conduct the inquiry myself. And if the person responsible turns out to be any one of you, I'll bring you before the State Bar of California, and ask for your disbarment. You're now on notice.'

    In the silence, Nolan nodded grimly. To Sarah, the judge's threat— which he plainly meant—went to any lawyer's deepest fear: to be denied the right to practice his or her profession, and to carry that stain for life. Part of her cursed Lenihan's audacity.

    'All right,' the judge continued acidly, 'let's take up the nominal subject of this proceeding—the deposition of Mr. Callister. Which of plaintiff's counsel cares to enlighten me on why this is such a pressing need?'

    In the judge's current mood, Sarah thought, she wished this task had fallen to Lenihan. But that might have made the situation worse—as matters stood, the outcome looked unpromising enough. 'For a host of reasons,' Sarah answered. 'To begin, there's the question of what Callister knew—whether from Reiner or someone else. Did he know that Reiner had undertaken to destroy key documents? Did he know that Lexington was flooding adjacent states with the P-2? Did he know that white supremacists were using gun shows to traffic a cache of stolen guns, which included the gun later sold to Mr. Bowden . . .'

    'According to Mr. Reiner,' Nolan interjected, 'Mr. Callister knew none of that . . .'

    'Counsel,' Bond admonished Nolan, 'wait your turn. This Court's not through with plaintiff's counsel yet.'

    Though glad to see Nolan stifled, Sarah did not care for the sound of this. 'For Mr. Nolan to ask this Court to accept the credibility of a witness as slippery as Reiner, while dismissing that of plaintiff's counsel, turns logic on its head.

    'Finally there is the question of a conspiracy between Lexington and the SSA . . .'

    Bond eyed her with skepticism. 'What evidence do you have that such a conspiracy existed?'

    'That's the problem, Your Honor. Without Mr. Callister, we'll never know.'

    Bond's brow knit. 'The problem, Ms. Dash, is that your argument literally makes something out of nothing: your total absence of proof. Mr. Nolan?'

    'Your Honor is precisely right,' Nolan answered with an air of confidence. 'Under persistent questioning by Ms. Dash, Charles Dane—Mr. Callister's counterpart at the SSA—vehemently denied the existence of any such conspiracy. If plaintiff's counsel have such damning facts, let them try their case. With no proof to warrant it, why take up the time of someone as busy as Mr. Callister? Who, in any case, is on an extensive trip to Europe on business vital to the company.'

    This, too, was a surprise, confirming for Sarah how averse Nolan was to any questioning of Callister. Then it struck Sarah that fear of Callister's testimony might not be Nolan's principal motive: by interposing yet another delay, he created the possibility that the Senate might pass an immunity bill, and then override the President's veto, before more damning facts could surface—or, even more critical from Nolan's perspective, before the public trial of Mary's case began.

    'In the annals of delaying tactics,' Sarah responded crisply, 'this is one of the more arrogant. Mr. Callister is too 'busy' to participate in discovery? What of the President or the First Lady, both of whom Mr. Nolan deposed? What of the three murdered family members who are the subject of this action? Is Mr. Callister's time more precious than all of that? This tactic is absurd, and the Court should put an end to it.'

    'Mr. Callister,' Nolan responded with composure, 'should not be asked to interrupt his travels. Let plaintiffs finish up their discovery, and then come back to the Court if they still insist on deposing him.'

    'How long,' Bond inquired, 'might those travels take?'

    Nolan shrugged. 'Roughly three more weeks. Give or take a day.'

    Whatever Nolan's other purposes, Sarah grasped that this would delay the case well beyond the ten-day deadline for a Presidential veto, and perhaps, the time Fasano needed to override it. 'Three weeks,' she protested, 'is entirely unreasonable. Mr. Callister's supposed activities, whatever they are, don't rise to the importance of President Kilcannon's. Who managed to make time on the first date Mr. Nolan asked for. This Court can order Callister to do the same.'

    'Indeed.' With a thin smile, the judge turned to Nolan. 'Were this an action in state court, Mr. Nolan, an out- of-state witness like Mr. Callister might be able to seek protection in the courts of his home state of Connecticut. But we're in federal court. At your insistence, I distinctly recall.

    'So it seems you're at my mercy. You've got two weeks from today to produce Mr. Callister for deposition.'

    Surprised, Sarah felt a split second of elation at her unexpected victory, and then, seeing the glance pass between Nolan and Harrison Fancher, realized that two weeks might be sufficient time to satisfy their purposes. 'Your Honor,' she said respectfully, 'might I request that your deadline be shortened to a week?'

    'You can. And the answer's no.' Bond seemed prepared to leave it there, and then to think better of it. 'I'm not willing to put a businessman traveling in Europe on quite so short a tether.'

    Bond, Sarah suspected, might also believe that a two-week delay was enough for Frank Fasano, yet one which made Bond's own sympathies less obvious—particularly as compared to barring Callister's deposition altogether. But there was nothing she could do. 'I have a final request, Your Honor. That, as Mr. Nolan did for the President's deposition, plaintiff's counsel be allowed to videotape our deposition of Mr. Callister.'

    Swiftly, Nolan turned to Bond. 'That's wholly unnecessary.'

    Bond gave him an inquiring look. 'Isn't, as Ms. Dash suggested, the president of Lexington no more privileged